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GITIN 21

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GITIN 21 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

SUMMARY

If an Arev becomes a cosigner only after the Shtar is signed the lender may only collect from his Bnei Chorin not from his Meshu'abadim. (1)
 
The wife is the one who writes the Get and the husband writes the receipt (for the Kesuvah). (2)
 
If the husband writes a Get and places it in the hand of his servant and than he gives a Shtar Matanah of the servant to his wife she is Koneh the servant and at the same time she is divorced with the Get.
 
A person is not Koneh objects that are in a moving Chatzer.
 
If the husband writes a Get and places it in his courtyard and than and than he gives a Shtar Matanah of the courtyard to his wife she is Koneh the courtyard and at the same time she is divorced with the Get.
 
The father may accept a Get for his daughter who is a Ketanah against the will of her daughter.
 
When the Get is written on the horn of a cow the entire cow must be given to the wife because cutting off the horn between the writing and the giving of the Get invalidates the Get.
 
It is a Machlokes between Rebbi Yosi and the Rabanan whether a Get may be written on a living organism or on food
 
A woman may be divorced only with a Sefer Kerisus and not with money.
 
If a woman is given a Get on condition that she will never drink wine or go to her father's house it is not a Kerisus. (4)
 
According to R. Eliezer who holds that no signatures are needed on a Get, the Toreif (main part of the Get) must be written while it is detached from the ground. (5)
 
According to R. Meir who holds that a Get must be signed by witnesses, the witnesses must sign while the Get is detached from the ground. (6)
 
If a Get is written on a perforated flower pot it is Kosher if the entire flowerpot is given to the woman.
 
If a Get is written on leaf in a perforated flower pot it is a Machlokes between Abaye and Rava if it is Kosher.

A BIT MORE

1. Since the Shtar was already signed at the time he became an Arev it is regarded as an Oral loan which may only be collected from Bnei Chorin.
 
2. After the woman has the Get written she must be Makneh it to her husband and after witnesses sign on the Get he gives it to his wife
 
3. She is divorced with the Get, since the Get is held by her servant she is Koneh the Get with a Kinyan Chatzer but only if the servant is tied up,
 
4. Because she is connected to him for the rest of her life as a result of this Tenai. However if the condition is for a period of thirty days it is regarded as a Kerisus and it is a Kosher Get.
 
5. L'Chatchilah even the Tofes (less important part of the Get) must be written while it is detached, but b'Di'eved as long as the Toreif is written while it was detached it is Kosher.
 
6. L'Chatchilah the Get should also be written while detached from the ground, but b'Di'eved as long as it is signed while it was detached it is Kosher

BRIEF INSIGHT

When the Get is written on the horn of a cow the entire cow must be given to the wife because cutting off the horn is regarded as a Hefsek (interruption) between the writing and giving of the Get. The Ran says that the Get is only Kosher if the husband speaks out clearly at the time that he gives the Get that he is giving the entire cow to the wife. Otherwise it is not a Kosher Get because we do not assume that he is giving the entire cow to his wife unless he says so specifically. Even though when someone writes a Get on a golden tablet we assume that he is giving the entire tablet to the wife including the space between the letters that is because the space between the letters is Tafel (secondary) to the Get. However, a cow is not Tafel to the horn and therefore he must speak out that he is giving the entire cow to the wife.

QUICK HALACHAH

If someone says to his wife this is your Get on condition that you will not go to your father's house for 30 days it is a Kosher Get. If he says on condition that you never go to your father's house it is not a Kosher Get because it is not a Kerisus. Therefore if he says this is your Get on condition that you never eat meat, or that you never drink wine it is not a Get because it is not regarded as a Kerisus. If the condition is for up to thirty days it is a Kosher Get. (Rambam Hilchos Gerushin 38:11)

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